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HomeMy WebLinkAbout3.07 ApprovalFMTr4991IR j CITY 0 DUBtAN : AGENDA' "STATEMENT CITY COUNCIL MEETING DATE: August 27, 1984 SUBJECT Approval of Final Map'Tract 4991 EXHIBITS ATTACHED Resolution - Acceptance of Final Map Resolution - park Land Deposit; Tract Developer Contract; Performance Bond; Labor & Materials Bond (Paymept); Reduced Copy of Final Map and a Vicinity Map REC6MMENDATIO I Approve Resolutions Accepting Final Map Tract 4991 Accept a Deposit In Lieu of Land for Park Land Dedication ($26,000) FINANCIAL STATEMENT: City will receive "$26,000 in Park In Lieu fees. Staff's time is being paid by developer for processing and inspection. After acceptance of improvements, City will assume maintenance of Barn Hollow Court and Wild Cat Court DESCRIPTION Improvement plans and the Final map for Tract 4991 have been reviewed and found to be in conformance with the Tentative Map and conditions approved by Alameda County on July 20, 1982 and extended by the City of Dublin on February 13, 1984. This tract' consists, of 48 lots, all within the City of Dublin. A subdivision agreement, bond and fees have been submitted guaranteeing the construction of improvements within the subject tract. i - - -- --- -- -- - -- - -- - ----- - - - - -- - - - -- - COPIES TO: r ITEM NO._S� RESOLUTION NO. - 84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------- ACCEPTANCE OF FINAL MAP TRACT NO. 4991 WHEREAS, the Final Map of Tract No. 4991 in the incorporated territory of the City of Dublin; State of California has been presented to this City Council for approval, all in accordance with the provisions of the Subdivision Map Act of the State of California and the Ordinance Code of the County of Alameda, as adopted by the City of Dublin; and WHEREAS, the Developer, Kaufman and Broad has executed and filed with the City of Dublin a contract to improve Tract No. 4991 in accordance with the final Map of said Tract No. 4991, the Tract Improvement Plans and the specifications attached thereto; and WHEREAS, said contract is secured by a bond in the amount of $746,000 which, by its terms, is made to inure to the City of Dublin conditioned upon the performance of said contract; and WHEREAS, said contract is secured by a bond in the amount of $373,000 which, by its terms, is made to inure to the benefit of laborers and materialmen upon such work and improvements, conditioned upon the payment of such laborers and materialmen for labor performed or material furnished under the terms of said contract. NOW, THEREFORE, BE IT RESOLVED that said contract and bonds be and they are hereby approved; and BE IT FURTHER RESOLVED that the Final Map of Tract No. 4991 be and the same is hereby approved; and that Rolling Hills Drive, Creek Side Drive, Wildcat Court, and Barn Hollow Court as shown on said map, be and they are hereby accepted as City Roads subject to improvement in the terms of the offer of Dedication;; and that those strips of land designated as "P.U.E." or "Public Utilitiy Easement ", "S.D.E." or "Storm Drain Easement ", and use in "S.S.E" or "Sanitary Sewer Easement" and and Parcel "A" as offered for dedication to public use in conformity with the terms of dedication, be and they are hereby rejected; and that the Clerk of this City Council be and is hereby directed to transmit said map to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 27th day of August, 1984. AYES: NOES: ABSENT: ATTEST: City Clerk yor RESOLUTION NO. - 84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN -------------------------------------- ACCEPT DEPOSIT IN LIEU - TRACT NO. 4991 WHEREAS, pursuant to Section 8 -7.1 of the Subdivision Ordinance of Alameda County, as adopted and amended by Ordinance No. 19 -83 and Resolution No. 74 -83 of the City of Dublin, each subdivider of land classified by the Alameda County Zoning Ordinance for residential use shall, as a condition to the approval of a Final Subdivision Map, dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for park and /or recreational purposes; and WHEREAS, in its action on the Tentative Map of the subject tract, the Planning Commission of the City of Dublin did determine in accordance with Section 8 -7.1 of the aforesaid Subdivision Ordinance that a fee in lieu of land dedication for park and recreational facilities is to be paid, said fee to be used for the development of park and recreational facilities within a period of five years from the date of adoption of this resolution to serve the residents of the subject tract; and WHEREAS, the City Engineer is in receipt of a remittance amount as prescribed in accordance with Resolution No. 74 -83, furnished by the tract developer and identified as follows: Tract. 4991 Subdivider: Kaufman and Broad Amount: $26,400 Tentative Planned Use: Dolan Park, Dublin, CA NOW, THEREFORE, BE IT RESOLVED that the asforesaid remittance is hereby accepted as performance of said subdivider's obligation under Secion 8 -7.1 et seq. of the aforesaid Subdivision Ordinance as amended by Ordinance No. 19 -83 and Resolution No. 74 -83; and BE IT FURTHER RESOLVED, that the City Engineer of the said City of Dublin is hereby authorized and directed to convey said remittance to the aforesaid named park district upon approval of the Final Map for the aforesaid tract by this City Council. ATTEST: PASSED, APPROVED AND ADOPTED this 27th day of August, 1984. AYES: NOES. ABSENT: City Clerk 3\ Q 9l"11H f)Njjlod- r w 2 K 1 0 Q � _ W1� n �1LL N O V K / L. U / 2 O I b All 7 03�b,69g0 -�o - 0 4 1 ,41D Q- ti eIz ►'I J_ IN I I O L CITY OF DUBLIN TRACT DEVELOPER AGREEMENT This agreement is made and entered into this day of 1984, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY ", and Kaufman and Broad of Northern California, hereinafter referred to as "DEVELOPER ". W I T N E S S E T H WHEREAS, it has been determined by the City Council of the City of Dublin, State of California, that DEVELOPER, as a subdivider, desires to improve and dedicate Tract 4991 in accordance with the requirements and conditions set forth within the Dublin Planning Commission Resolution No. 84 -04 adopted on January 16, 1984; the requirements of the Subdivision Map Act of the State of California and the Subdivision Ordinance of the City of Dublin; and those certain plans and specifications for said development approved by said City Council, and now on file in the office of the City Engineer, which are hereby referred to for a more definite and distinct description of the work to be performed under this Agreement as though set forth at length herein; and WHEREAS, Developer intends to satisfactorily complete the required improvement within the time hereinafter specified, and City intends to accept Developer's offer(s) of dedication of said improvement(s) in consideration for Developer's satisfactory performance of the terms and conditions of this Agreement: NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: 1. Completion Time. Developer will commence the work required by this Agreement within thirty (30) days following the date on which City executes this Agreement. Developer shall complete said work not later than three hundred sixty -five (365) days following said date of execution. Time is of the essence in this Agreement. Upon completion, Developer shall furnish City with a complete and reproducible set of final as -built plans, including any authorized modifications. 2. Bonds Furnished. Concurrently with the execution of this Agreement, Developer shall furnish City with a Faithful Performance Bond and a Labor and Materials Bond. Each bond shall be in a form prescribed by City, and shall be issued by a company duly and legally licensed to conduct a general surety business in the State of California. Each bond shall become a part of this Agreement. a. Faithful Performance Bond. Developer shall furnish City with a bond conditioned upon the faithful performance of this Agreement, said bond to be in the penal sum of $746,000.00. b. Labor and Materials Bond. Developer shall furnish City with a bond conditioned upon payment of all claims for labor and materials used or consumed in the performance of this Agreement. Said bond shall comply with the laws of the State of California, and with Title 15, Part 4, Division 3 of the Civil Code of the State of California (commencing with Section 3082). Said bond shall be in the penal sum of $373.000.00. 3. Insurance Required. Concurrently with the execution of this Agreement, Developer shall furnish City with evidence of insurance coverage as specified below. a. Worker's Compensation Insurance. Statutory coverage as required to cover the full liability of Developer in accordance with the provisions of Division IV of the Labor Code of the State of California, and an employer's liability insurance coverage with a limit of not less than $100,000 per occurrence to cover any claims arising from employment not covered by worker's compensation laws. Page 1 b. Comprehensive General Liability Insurance. Minimum limits of liability shall not be less than $1,000,000 per occurrence combined single limit bodily injury and property damage coverage; any deductible provision shall not exceed $1,000 per claim, and each and every policy must contain a cross liability or severability of interests clause. c. Comprehensive Automobile Liability Insurance. Minimum limits of liability shall be not less than $1,000,000 per occurrence combined single limit bodily injury and property damage coverage; coverage shall include owned, non - owned, and hired vehicles, and each and every policy must contain a cross liability of severability of interests clause. d. Other Requirements. All insurance policies shall be issued by a company legally licensed to transact business in the State of California, shall be issued at Developer's own cost and expense, shall be maintained by Developer in full force and effect during the life of this contract, and must have an "A.M. BEST" rating of B +, X or better. All certificates of insurance shall name the City and its officers, agents and employees as additional insureds, shall contain a provision that a written notice of cancellation or reduction in coverage shall be furnished the City (10) ten days in advance of the effective date thereof, and shall state that such coverage is primary to any other coverage of City. 4. Work Performance and Guarantee. Developer shall secure the services of those skilled in the trade, profession, or calling necessary to perform the work to be accomplished under the terms of this contract, and shall guarantee and maintain the work for a period of one (1) year following the completion and acceptance thereof against any defective workmanship or defective materials furnished in the performance of this Agreement, and shall guarantee and maintain the work for a period of one (1) year following the completion and acceptance thereof against any defective workmanship or defective materials furnished in the performance of this contract, and any acceptance of the work by City will not operate as a release to Developer or Developer's bondsmen from the aforesaid guarantee. 5. Inspection of the Work. Developer shall guarantee free access to City through its City Engineer and his designated representative for the safe and convenience inspection of the work throughout its construction. Said City representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and /or work shall be removed promptly by Developer and replaced to the satisfaction of City without any expense to City in strict accordance with the improvement plans and specifications. 6. Agreement Assignment. This Agreement shall not be assigned by Developer without the written consent of City. 7. Abandonment of Work. If the work to be done under this Agreement is abandoned, or if this Agreement is assigned by Developer without written consent of City, or if City through its City Engineer determines that the said work or any part thereof is being unnecessarily or unreasonably delayed or that Developer is willfully violating any of the conditions or covenants of this Agreement or is executing this Agreement in bad faith, the City shall have the authority to order Developer to discontinue all work or any part thereof under this Agreement, and Developer shall cease to continue the work or such part thereof as City maydesignate, and CITY shall thereupon have the power to obtain by Agreement, purchase, rental or otherwise, all labor, equipment, and materials deemed necessary to complete the work and to use such materials as may be found upon the line of such work. Developer and his sureties shall be liable for all expenses incurred by City for the acquisition and use of such labor, equipment, and materials. 8. Use of Streets or Improvements. At all times prior to the final acceptance of the work by City, the use of any or all streets and improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of Developer. The issuance of any building Page 2 or occupancy permit by City for dwellings located within the tract shall not be construed in any manner to constitute a partial or final acceptance or approval of any or all such improvements by City. Developer agrees that City's Building Official may withhold the issuance of building or occupancy permits when the work or its progress may substantially and /or detrimentally affect public health and safety. 9. Safety Devices. Developer shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property. Developer shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the Developer, and the entire site left clean and orderly. 10. Acceptance of Work. Upon notice of the completion of all tract work and the delivery of a set of final as -built plans to City by Developers, City, through its City Engineer or his designated representative, shall examine the tract work without delay, and, if found to be in accordance with said plans and specifications and this Agreement, shall accept the work and notify Developer or his designated agents of such acceptance. 11. Wage Rate. Developer, his prime contractor, and all subcontractors performing the work or any portion thereof: a. Prevailing Salary or Wage. Developer shall pay all workmen employed by them on said work a salary or wage at least equal to the prevailing salary or wage for the same quality of service rendered to private persons, firms or corporations under similar employment, which salary or wage shall not be less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holidays and overtime work , and which salary or wage shall be not less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the Department of Industrial Relations, State of California, and which is now on file with the Alameda County Public Works Department and by reference incorporated herein, and made a part hereof. b. Working Hourse and Overtime Wages. Developer agrees and understands that eight hours labor shall constitute a day's work for any one calendar day on said work, and that no workman employed by Developer on the work or any part thereof shall be required or permitted to work thereupon more than eight (8) hours in any one calendar day, and forty (40) hours in any one calendar week unless such workman is compensated for all hours worked in excess of eight (8) hours per day or forty (40) hours per week at a rate not less than one and one -half (1 1 / #) times his basic rate of pay. c. Record of Hours Worked. Developer shall keep an accurate record showing the names and actual hours worked of all workers employed by him on the said work, which record shall be open at all reasonable hours to the inspection of the City or its agents, and to the Chief of the Division of Labor Statistics and Law Enforcement of the Department of Industrial Relations, his Deputies or agents. 12. Labor Code Penalties. Developer shall forfeit to CITY, as a penalty, the sum of twenty -five dollars ($25.00): (a) for each workman on said work who is required or permitted to labor more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week in violation of the provisions of Article 3 of Chapter 1 of Part 7 of Division 2 of the Labor Code of the State of California; and (b) for each workman on said work employed for each calendar day, or portion thereof, who is paid less than the said stipulated rates for work done under this Agreement in violation of the provisions of Article 2 of Chapter 1 of Part 7 of Division 2 of the Labor Code of the State of California. Page 3 13. Affirmative Action. No discrimination shall be made in the employment of persons under this Agreement because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Section 1450 of the Labor Code of the State of California. Any violation of this requirement will subject Developer to all the penalties imposed for a violation of Chapter 1 of Part 7 of Division 2 of the aforesaid Labor Code. 14. Patent and Copyright Costs. In the event that said plans and specifications require the use of any material, process or publication which is subject to a duly registered patent or copyright, Developer shall be liable for, and shall indemnify City from, any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process of publication. 15. Alterations in Plans and Specifications. Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California. 16. Liability. a. Developer Primarily Liable. Developer shall be responsible for any and all loss, accident, neglect, injury or damage to person, life or property which may be the result of or may be caused by construction, operations, or execution of this Agreement, and for which City might be held liable. Developer shall protect and indemnify the City of Dublin, the City Council, the City Engineer and /or any officer, agent or employee of the City, and save them harmless in every way from all suits or actions at law for damage or injury to persons, life or property that may arise or be occasioned in any way because of construction operations or execution of this Agreement. b. Design Defect. If, in the opinion of the City, a design defect in the work of improvement becomes apparent during the course of construction, or within one (1) year following acceptance by the City of the improvements, and said design defect, in the opinion of the City, may substantially impair the public health and safety, Developer shall, upon order by the City, correct said design defect at his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the City for the corrective work required. c. Litigation Expenses. In the event that legalaction is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year first above written. ATTEST: City Clerk CITY OF DUBLIN By Mayor Kaufmay& BVoyid /of,Norfher)i Alifornia, Inc. By Page 4 n /t. Polk, President N Bond No. 7962019 Premium: $3,544.00 PERFORMANCE BONG WHEREAS, the Board of Supervisors of the County of Alameda, State of California, and KAUFMAN AND BROAD OF NORTHERN CALIFORNIA, A CALIFORNIA CORPORATION, (hereinafter designated as "Principal ") have entered into a contract under which Principal is to install and complete certain designated public improvements, identified as Tract No. 4991, County of Alameda, State of California, which contract is hereunto annexed and made a part hereof; and WHEREAS, said principal is required under the terms of said contract to furnish a bond for the faithful performance of said Contract. NOW, THEREFORE, we, the Principal, and AMERICAN CASUALTY COMPANY OF READING, PA, a corporation duly authorized to do business in the State of California, as surety are held and firmly bound unto the County of Alameda, hereinafter called ( "County "), in the penal sum of SEVEN HUNDRED FORTY SIX THOUSAND DOLLARS, ($746,000.00), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless County, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, enforcing including to bentaxedfasscostsuanddincludedtinianysuccessfully judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, - alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and said surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in four counterparts, each one of which shall be deemed an original, by the pril984pal and surety above named, this 17th day of August KAUFMAN AND 0 OF NORTHERN CALIFORNIA, INC. j � j •i By; / Joh E Polk, President By (ALL SIGNATURES MUST BE AMERICAN CASUALTY COMPANY OF READ A INC�.P NOTARIZED AND PROPERLY ACKNOWLEDGED) 8. 23208 -A STATE OF California l ss. 'COUNTY OF San Mateo J i OFFICIAL SEAL N 1 :RIET L. S NfLOH ® NOT: InY Pl�"�;l,_C:.i.;FOFINIA Prirrip'I 011Ice in SAN MATEO County My "— Commission Expires Juno 1•t. Io8a I Armstrong, ---a ---..tad HARRIET L. SHILOH Notary Public of San Mateo County, in the State of California do hereby certify that BRUNETTA ARMSTRONG Attorney -in -fact, of the American Casualty Company of Reading, Pennsylvania, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered said instrument, for and on behalf of the American Casualty Company of Reading, Pennsylvania, for the uses and purposes therein set forth. Given under my hand and notarial seal at my office in the City of San Bruno in said County, this 17th day f August A D.19 84 (�4ij,(O� In Notary Public. n . _ , �Z r fond No. 7962019 PAYMENT BOND remium Included in (La or erlaIS Performance Bond WHEREAS, the Board of Supervisors of the County of Alameda, State of California. and KAUFMAN AND BROAD OF NORTHERN CALIFORNIA, (hereinafter designated as "Principal ") have entered into a contract under which Principal is to install and complete certain designated public improvements, identified as Tract No. 4991, County of Alameda, State of California County of Alameda, State of California, which contract is hereunto annexed and made a part hereof; and WHEREAS, under the terms of said contract, Principal is required before entering upon the performance of the work, to file a good and sufficient paymegt bond with the County of Alameda to secure the claims to which reference is igade In Title 15 (Commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW THEREFORE, we the Principal, AMERICAN CASUALTY COMPANY OF READING, PA, corporation authorid to business in in the State of and Cuntoo a, as all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid contract and referred to in the aforesaid Civil Code in the sum of THREE HUNDRED SEVENTY THREE THOUSAND DOLLARS ($373,000) , for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, and unto the Franchise Tax Board of the State of California, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by said County of Alameda in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file of claims t 3082 o assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said contract or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument is executed in four counterparts, each one of which shall be deemed an original, by the principal and surety above named, this 17th day of August (ALL SIGNATURES MUST BE NOTARIZED AND PROPER[ ACKNOWLEDGED) 8- 23208 -A STATE OF California COUNTY OF San Mateo OF NORTHERN,CALIFORNIA, INC. BY BY Jo4i �. Polk, President ' V tl AMERICAN CASUALTY COMPANY OF READING, PA SS. J I, HARRIET L. SHILOH Notary Public of San Mateo County, in the State of California hereby certify that BRUNETTA ARMSTRONG do Attorney -in -fact, of the American Casualty Company of Reading, Pennsylvania, who is personally known to me to be the same - - - - - - - is person whose name subscribed to the foregoing instrument, appeared before me this day in OFFICIAL L sent person, and acknowledged that he signed, sealed and delivered said instrument, for Nhr'rsii.^_ -T L. � i3LOi -i p 9 N.11TARY ^UBLIC- CA;- ;FGRJIA and on behalf of the American Casualty Company of Reading, Pennsylvania, for the Prirapal Olfr:e in SAP[ L1ATE0 Counly uses and purposes therein set forth. Ely Commission Expires June 14, 1 Given under my hand and notarial seal at my office in the City of San Bruno in said County, this 17th ay of P`ugust 84 Il A. D. 19 American Casualty Company of Reading, Pennsylvania NWUAANCE P"Af CHA OfficesrChicago, Illinois POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by these Presents, That AMERICAN CASUALTY COMPANY organized and existing under the laws of the Commonwealth of Pennsylvania, a and State of Illinois, does hereby make. constitute and appoint Charles E. of its true and lawful Attorney -in -Fact with lull power and autho takings and other obligatory instruments of similar nature as READING, PENNSYLVANIA. a corporation duly having its principal office in the City of ChicaF.c. illins- Brunetta Armstrong, conferred to sign• seal and execute in its behalf Donds. under Without imi a ions — and to bind AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA thereby as fully and to the same extent as it such instruments were signed by the duly authorized officers of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company: "Article VI— Execution of Obligations and Appointment of Attorney -in -Fact Section 2. Appointment of Attorney -in fact. The President or a Vice President may, from time to time, appoint by written certificates attorneys in-fact to act in behalf of the Company in the execution of policies of insurance, bonds. undertakings and other obligatory instruments of like nature. Such attorneys in-fact. subject to the limitations set forth in their respective cert;ficates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney -in- tact.•• This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 11th day of November, 1966: "Resolved. that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile or, any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws. and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or cer tificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached. continue to be valid and binding on the Company." In Witness Whereof, AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed this 29th day of September , 19 83 Cam" AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA ,uy„°r'rxo s State of Illinois 1 ss County of Cook ( ri • J. E. Purtell Vice President. On this_ 29th day of September , 19 83 , before me personally came J. E. Purtell, to me known, who, being by me duly sworn, did depose and say: that he resides in the Village Of Glenview, State of Illinois; that he is a Vice-President of AMERICAN CASUALTY COMPANY OF READING, PENN- SYLVANIA, the corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Direc tors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. 4g0c A., S� NOTAaT i �`" d� •�O Leslie A. Smith Notary Public. CERTIFICATE My Commission Expires November 12, 19E I. M. C. Vonnahme Assistant Secretary of AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA, do certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 2 of Article VI of the BY Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this 17th day of Aucust 19 84 L Y 1 Assistant Secretary. M. C. Vonnahme 8.23142-B s American Casualty Company of Reading, Pennsylvania $WUAAM= PWOM CHA Offices/Chicago. Illinois POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men by these Presents, That AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania. and having its principal office in the City of Chicagc. and State of Illinois, does hereby make, constitute and appoint Charles E. Phillips, Brunetta Armstrong, of San Brtjn r..T+s„rnia its true and lawful Attorney -in -Fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, under. takings and other obligatory instruments of similar nature as follows: Without imi a ions — and to bind AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and al! the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company: "Article VI— Execution of Obligations and Appointment of Attorney -in -Fact Section 2. Appointment of Attorney4n fact. The President or a Vice President may, from time to time• appoint by written. certificates attorneys in fact to act in behalf of the Company in the execution of policies of insurance. bonds. undertakings and other obligatory instruments of like nature. Such attorneys in fact. subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke al; power and authority previously given to any attorney -i n-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 11th day of November, 1966: -'Resolved. that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws. and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or car tificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power sc executed and sealed and certified by certificate so executed and sealed shall• with respect to any bond or undertaking to which it is attached. continue to be valid and binding on the Company." In Witness Whereof, AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed this 29th day of September . 19 83 . AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA State of Illinois 1 ss County of Cook 1 y e; �. ��`. -' a Vice President. J. E. Purtell 29th September . 19 83 , before me personally came On this_ day of Y J. E. Purtell, to me known. who, being by me duly worn, did depose and say: that he resides in the Village of Glenview, State of Illinois; that he is a Vice President of AMERICAN CASUALTY COMPANY OF READING, PENN SYLVANIA, the corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Direc. tors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. a C _ NOTARY i Leslie A. Smith Notary Public. CERTIFICATE My Commission Expires November 12, 19E M. C. Vonnahme Assistant Secretary of AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA. do certify that the Power of Attorney herein above set forth is still in force. and further certify that Section 2 of Article VI of the ByLaws of the Company and the Resolution of the Board of Directors. set forth in said Power of Attorney are still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said Company this 1701 day of Autust 19 8=. ii,,. „ Assistant Secretary. m fi M. C. Vonnahme 8 23142 B e C. ��� and conditions of sum poucles, ,. COMPANIES AFFORDING COVERAGES NAME AND ADDRESS Of AGENCY ALEXANDER d ALEXANDER OF CA., INC. 'OIAPANY TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATIO %DATE 3550 Wilshire Blvd. [A: 11 OCLURPRE n ^[Nff cLanEFNT A TRANSCONTINENTAL Iqyn COMPANY Los Angeles, CA 90010 GENERAL LIABILITY (213) 385-5211 TWX 910 321-2907 COMPANY B CONlINENfAL CASUALY A FFy�n'� I h COMPREHENSIVE FORM LETTER 3/1/86 NAME AND ADDRESS OF INSURED COMPANY C TRANSPORTATION INSUPANY KAUFMAN AND BROAD, INC., ET AL PROPERTY DAM-3E LETTER s �i EXPLOSION AND COLLAPSE 11601 Wilshire Boulevard COMPANY COMPA Los Angeles, California 90025 COMPANY E LETTER ExPRODUCTS COMPLETED OPERATIONS HAZARD This is to certify that policies of insurance listed below have been issued to the insured nametl above and are in force at this time. Notwithstantling arm m conOCion the insurance afforded by the policies desuolect to all the „e a�� �nnvwrt or other document with respect to Which this certificate may be issued or may pertain, $1,0001 $1,0001 terms. exclusions and conditions of sum poucles, Limits of Liability in Thousands 1 'OIAPANY TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATIO %DATE [A: 11 OCLURPRE n ^[Nff P AGGRF]AlE LETTER GENERAL LIABILITY BOCI:YINJUPY s s ' .r. A FFy�n'� I h COMPREHENSIVE FORM SXP 3584370 3/1/86 rp L PREMISES —OPE RFT IONS PROPERTY DAM-3E $ s �i EXPLOSION AND COLLAPSE r� HAZARD IX UNDERGROUND HAZARD ExPRODUCTS COMPLETED OPERATIONS HAZARD BODILY INJURY A $1,0001 $1,0001 IX CONTRACTUAL INSURANCE PRO AMAGE BROAD FORM PROPERTY COMBIN COMB-NED [p DAMAGE $1,000, Ll4' INDEPENDENT CON'RACTORS ® PERSONAL INJURY PERSONAL INJUF♦ AUTOMOBILE LIABILITY OUP% LEAC H E BcCH PERS R% $ e B _pMPRE HErvSrvE FORM BUA 001 70 11 07 3/1/86 BODI -Y IN E,1 4 ��x (EACH ACCIDENT; p OWNED PROPERTY DAMAGE w 4ED vm BODILY INJURY A%C s SO, NON OWNED PROPERTY DAMAGE - iA L i COMPi.NCC EXCESS LIABILITY BODILY INJURY AND UMBRELLA FORM PROPERTY DAMAGE $ s OTHERTHAN UMBRELLA COMBINED FORM WORKERS' COMPENSATION C and WC 001 70 00 47 3/1/86 $2 000 - EMPLOYERS' LIABILITY s $9501 A OTHER Excess Auto SXP 3584370 3/1/86 Liabilit L DESCRIPTION OF OPERATIONS:LOCATIONSNEHICLES Re: Nielsen Ranch Tracts 4859 - 4943 - 4991 - 5003 s Cancellation: Should any of the above described policies be cancelled before the expiratTALECANDEROF reof, the issuing Com- !r will endeavor to mail 30.-- days written notice to the below name holder. but failure to pany mail such notice shall impose no obligation or liability of any kind upon the c NAME ANDADDRESSOF CERTIFICATE HOLDER. 1D 1984 DATE ISSUED'. CITY OF DUBLIN ALEXANDER $ R OF CALIFORNIA INC. DUBLIN BOULEVARD DUBLIN, CALIFORNIA 94568 J D EP ESEN AT M. Wong ACORD 25 (1 -79)